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• lifferences of opinion

12th April 2001, Page 28
12th April 2001
Page 28
Page 28, 12th April 2001 — • lifferences of opinion
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Which of the following most accurately describes the problem?

Every European Union state is required to submit regular reports to the European Commission out its enforcement of the drivers' )urs rules. In its i9th report, dated bruary z000, the EC complained about

e difficulty of getting member states to e their returns at all, let alone in a indard format As a result there is still no comphensive and effective comparison of the te of hours offences and detection in ch EU country. The EC points out that oper implementation would enhance ad safety, transport efficiency, and fair mpetition. But it warns that checks are rried out with varying degrees of :quency and intensity, and infringements e penalised with differing degrees of verity throughout the EU.

=pean nationality

iscrimination based on European itionality is outlawed by the Treaty of )me. The EC reports that Belgium and utembourg -continue to detect" more )urs offences among non-nationals an nationals. But what sounds spiciously like blatant discrimination is Lrugged off by EC officials. They say at there is no discrimination because !ual numbers of checks are made on itionals and non-nationals.

This might be logical if the road iles driven by non-nationals in Vum was equal to the number ' miles driven by Belgians, but at's hardly likely—and the EC rtainly doesn't offer any evidence that effect.

In most ELT states the number of rurs offences detected continues increase. Driving time offences, for example, have risen from 34% to 38% of the total, while break and rest offences both stand at 29%. The detection rate is baffling, however, with some states reporting more than six offences for each moo working days checked, while others report less than one per moo.

These are criminal offences, of course, and the Working Time Directive is not really concerned with such offences, but with the civil enforcement of individual rights. Does inconsistent enforcement of the hours rules imply inconsistent enforcement of the Working Time Directive? There's no objective evidence of this, but within the EU there are certainly cultural differences in the perception of the legal process.

For example, there is some evidence to suggest that the UK is more litigious than other European nations (although we are still docile when compared with our American cousins).

It should also be noted that the influence of the collective bargaining process is generally more prevalent on the Continent than in the UK. Trade unions are influential in determining which litigation is, or is not, enforced rigorously. They also have influence over "derogations" (exceptions) under the directive—and these might be highly significant.

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